Science and Technology Facilities Council v MW High Tech Projects UK Ltd [2015] EWHC 2889 (TCC) (21 October 2015)

Science and Technology Facilities Council v MW High Tech Projects UK Ltd [2015] EWHC 2889 (TCC) (21 October 2015)

The contract's adjudication provisions, when construed as a whole, complied with section 108 of the Housing Grants Construction and Regeneration Act 1996; the Defendant's reservation of rights and payment of fees did not amount to waiver of jurisdictional challenge, but the jurisdictional objections raised were without merit; the adjudicator's decisions are enforceable and summary judgment is granted.

Citation
[2015] EWHC 2889 (TCC)
Parties
Claimant: Science and Technology Facilities Council; Defendant: MW High Tech Projects UK Limited
Jurisdiction
England and Wales
Judgment Date
21 October 2015
Procedural Posture
Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Application for Summary Judgment
Outcome
Summary judgment granted for the Claimant; adjudicator's decisions enforced.
Legal Topics
Adjudication Enforcement, Jurisdictional Challenge, Housing Grants Construction and Regeneration Act 1996, Summary Judgment, Standard Form Contracts
Construction Law Contract Law Civil Procedure Adjudication Enforcement Jurisdictional Challenge Housing Grants Construction and Regeneration Act 1996 Summary Judgment Standard Form Contracts

Case Brief

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Parties

Science and Technology Facilities Council

Claimant

MW High Tech Projects UK Limited

Defendant

Procedural Posture

Summary Judgment Application (enforcement of Adjudicator's Decision) / Judgment on Application for Summary Judgment

Legal Issues

  1. 1 Whether the adjudicator had jurisdiction under the contract to determine the dispute
  2. 2 Whether the adjudication provisions in the contract complied with section 108 of the Housing Grants Construction and Regeneration Act 1996
  3. 3 Whether the Defendant, by conduct or payment of fees, waived its right to challenge jurisdiction

Ratio Decidendi

The contract's adjudication provisions, when construed as a whole, complied with section 108 of the Housing Grants Construction and Regeneration Act 1996; the Defendant's reservation of rights and payment of fees did not amount to waiver of jurisdictional challenge, but the jurisdictional objections raised were without merit; the adjudicator's decisions are enforceable and summary judgment is granted.

Court Disposition

Summary judgment granted for the Claimant; adjudicator's decisions enforced.

Orders

  • Defendant to pay Claimant £232,400.00 plus £29,654.88 interest forthwith as per adjudicator's substantive decision.
  • Defendant to pay Claimant £30,516.00 in respect of adjudication costs as per adjudicator's costs decision.